Court: EDNY

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In Famighette v. Joseph Rose and Town of Huntington, 17-cv-2553, 2018 WL 2048371 (E.D.N.Y. May 2, 2018), the court, inter alia,[1]The court also dismissed plaintiff’s gender discrimination/sex stereotyping claim under Title VII of the Civil Rights Act of 1964. denied defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act…

Read More Age Discrimination (ADEA) Claim Survives Dismissal; “But For” Causation Need Not Be Established at the Pleading Stage [Famighette v. Joseph Rose and Town of Huntington]
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A federal (EDNY / Brooklyn) jury recently awarded several employees a collective $5.1 million in damages against a health insurance company that, the plaintiffs claimed, forced them to follow the practices of an obscure religion called “Onionhead.” (I wrote about the lawsuit’s filing here.) The verdict sheet (below) reflects, inter alia, that the jury awarded…

Read More EDNY Jury Awards $5.1M in “Onionhead” Religious Discrimination Case [EEOC v. United Health Programs of America]
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In A.B. v. Hofstra University, 17-cv-5562, 2018 WL 1935986 (E.D.N.Y., April 24, 2018), an employment discrimination/sexual harassment case, the court considered, and rejected, plaintiff’s request to proceed pseudonymously. The court provides us with an overview of the governing legal standard: Fed. R. Civ. P. 10(a) provides that the “title of [a] complaint must name all…

Read More Employment Discrimination Plaintiff May Not Proceed Pseudonymously, Court Holds [A.B. v. Hofstra University]
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In Linell v. New York City Department of Education, 15-CV-5085, 2018 WL 1611370 (E.D.N.Y. March 30, 2018), the court dismissed plaintiff’s sex-based hostile work environment claim. The court explained: To substantiate her gender-based hostile work environment claim, Edelmann testified that Oberle told Edelmann that she was dressed “inappropriately” when she wore a long t-shirt over…

Read More Sex-Based Hostile Work Environment Claim Not Demonstrated by Comments About Inappropriate Clothing, Infertility
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In Milan v. Sprint Corporation, 2018 WL 1665690 (E.D.N.Y. April 6, 2018), a sexual harassment case, the court affirmed a Magistrate Judge’s Order granting plaintiff’s motion to compel discovery. Plaintiff sought, inter alia, “complaints of sexual harassment, gender discrimination, and/or retaliation against Sprint, including but not limited to complaints through the ‘Sprint’s Ethics Hotline’ and…

Read More Court Compels Discovery of Sexual Harassment Complaints in Lawsuit Against Sprint
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In Blair v. Brooklyn Transportation Corp., 17-cv-383, 2018 WL 1581974 (E.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s gender discrimination claim. From the decision: Plaintiff’s allegations are sufficient for the Court to infer that Defendant discriminated against Plaintiff. Defendant was aware of Plaintiff’s transgender status because, when Plaintiff began…

Read More Transgender Discrimination Case Continues Against Brooklyn Transportation Corp.
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In Testa v. CareFusion, 2018 WL 1611378 (E.D.N.Y. April 3, 2018), the court granted defendant’s summary judgment motion on plaintiff’s federal age discrimination claim under the Age Discrimination in Employment Act (ADEA). From the decision: The only evidence upon which plaintiff relies are alleged stray remarks made by Stuckert [the person to whom plaintiff directly…

Read More Age Discrimination Claim Dismissed Against CareFusion; Comments Were “Stray Remarks”
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In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act. The court summarized the law:[1]The court noted that the Second Circuit “has not yet decided whether a hostile work environment claim may be made under…

Read More Hostile Work Environment Claim Not Stated; Reference to Actress Held Insufficient
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In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29,  2018), the court (inter alia) concluded that plaintiff’s amended complaint sufficiently alleged a “materially adverse employment action” and that plaintiff stated a retaliation claim under the Americans with Disabilities Act (ADA). From the Opinion: Here, the amended complaint alleges that, on June…

Read More ADA Retaliation Claim Survives Dismissal Against Delta Airlines
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From D’Antonio v. Little Flower Children & Family Services of New York et al, 17-cv-1221, 2018 WL 1385897 (E.D.N.Y. March 19, 2018): This Court is persuaded by Judge Lynch’s reasoning in Collette, and based on the facts presented in this case, holds that Plaintiff’s hostile work environment and retaliation claims under Title VII and Section…

Read More NY Whistleblower Law’s Election-of-Remedies Provision Does Not Preclude Hostile Work Environment and Retaliation Claims, Court Holds
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